How lawmakers use letters to get their way

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In the era of email, lawmakers may dash off a couple letters a week to other parts of the government. Often, the missives are little more than press releases on congressional letterhead; the occasional smart letter, however, can work as an obscure policy lever by convincing agencies they have political cover to take on more controversial enforcement, interpret statutes more broadly and even dust off powers they've long abandoned, all without Congress taking a single vote. Of course, a letter by itself can do little if a department or independent agency isn't interested in a lawmaker's view — and no matter how fancy congressional stationery or how stern the wording, a letter can't replace an actual law granting new powers or increasing budgets. In some cases, agencies have abandoned powers they had, such as the Federal Trade Commission's decades-long reluctance to issue rules governing unfair or deceptive business practices after congressional pushback. A letter from a lawmaker could potentially help in that case, especially if combined with newly aggressive leadership on the same page as the lawmaker, like FTC Chair Lina Khan. In many cases, however, the digital economy has raised questions about privacy, competition and other issues that agencies are ill-equipped to address, at least in a comprehensive way, without congressional action. That often leaves lawmakers hoping for a successful letter, but knowing that it's just one small step toward addressing the issues they're worried about.


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